The ethical nature of this website is very important for us, as it is respecting the rights of others and protecting children from harmful content. Please read these terms of use carefully. If you have any questions, do not hesitate to contact us at info @ oneheartchannel.com THESE TERMS OF USE (“TERMS”) SET OUT THE TERMS AND CONDITIONS OF USE OF THE WEBSITE “ONEHEARTCHANNEL.COM” (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE ONEHEARTCHANNEL.COM WEBSITE, THE “WEBSITE”), PUBLISHED BY ONE HEART CHANNEL COMMUNICATION SAS, (“OHC”). BY ACCESSING/VISITING OR USING THE WEBSITE (WHETHER YOU ARE A REGISTERED USER OR UNREGISTERED USER), EITHER AN INDIVIDUAL OR A SINGLE ENTITY ("YOU" OR "YOUR" AS APPLICABLE), YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THE TERMS AND ALL OTHER POLICIES OF ONE HEART CHANNEL (LEGAL), (INCLUDING BUT NOT LIMITED TO, OHC’S PRIVACY POLICY). IF YOU ARE NOT AN INDIVIDUAL, YOU REPRESENT TO DAILYMOTION THAT YOU HAVE ALL NECESSARY CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS WHICH YOU AGREE SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN WHOSE NAME YOU ARE REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE. DESCRIPTION OF THE WEB SITE One Heart Channel, is a non-political entity supported by different organizations and personalities who wish to be involved. The aim of the Channel is to develop a large communication platform bringing together the many humanitarian organizations ad individual initiatives existing worldwide. The Portal is available in 3 languages: English, French & Polish. One Heart Channel is an internet media platform providing broadcast through IPTV signal and VOD services. One Heart Channel is the place of various communities involved in the humanitarian action. We are making our best to guarantee a professional service and back office for all actions, and to create an outstanding media platfrom with worldwide access. 1. INTELECTUAL PROPRIETY RIGHTS The Content Supplier, Organization or Individual holds rights on photo, audio, video and other contents as more particularly described in Schedule 1 to this Agreement (hereinafter referred to as the “Content”). OHC obtains from The Content Supplier, and Content Supplier desires to grant to OHC, the right to diffuse, distribute, market and promote the Content via OHC’s or third parties’ services, in accordance with the terms of this statement 1.1 The Content Supplier hereby grants to OHC, under the terms and conditions set hereinafter forth, the exclusive right and license, throughout the Territory during the Term, to do the following: (i)diffuse and distribute the Content either directly or through distribution partners; (ii)advertise, publicize, market and promote the Content via OHC’s channel, OHC’s Internet web site and any other media belonging to OHC and any third party it may designate; (iii)perform any dubbing or editing on the Content. Where OHC will have performed significant modification of the Content by editing and/or dubbing, OHC will own all intellectual property rights and performance rights on such modified content. Therefore, Content Supplier shall not assign, grant license or transfer to third party any rights on the modified content without the prior written consent of OHC. (iv)utilize the Content as reasonably necessary for OHC to exercise its rights under this Agreement. 1.2. The Content Supplier grants to OHC the right to diffuse, market and distribute the Content, in cooperation with technical and distribution partners, and notably to use the Content: (i)through the TV channel “oneheartchannel”; (ii)through OHC’s Internet web site www.oneheartchannel.com; (iii) through all other new media (such as mobile, broadband TV etc.) via any third party’s service. 1.3. The Content Supplier shall have the responsibility of ensuring that the Content conforms to and is not in breach of any applicable defamation, privacy laws and other applicable broadcast standards. 3. TERMS Content Supplier hereby grants to OHC free of charge the exclusive worldwide rights set forth in this Agreement. 4: REPRESENTATIONS AND WARRANTIES 4.1 The Content Supplier warrants, represents and covenants to OHC that it has full authority and holds all rights, licences and/or other permissions necessary to grant to OHC all of the rights granted in this Agreement and that use of the Content by OHC and all subsequent person as contemplated by this Agreement shall not infringe copyright, performance right, right of privacy, or any other right of any other nature of any person. 4.2 The Content Supplier warrants: that the consent of no other person or entity is necessary in order for it to enter into and fully perform this Agreement; that it will not engage in any actions that conflict or interfere with any of its commitments or obligations under this Agreement and no agreements previously entered into by Content Supplier will conflict or interfere with Content Supplier’s performance of its obligations under this Agreement; that there are no pending claims, charges, restrictions or encumbrances on any Content licensed to OHC hereunder that could interfere with the rights of OHC under this Agreement. 4.3 Content Supplier will at its expense and at OHC’s request, defend and indemnify OHC, its directors, employees, licensees, agents and independent contractors from and against any claims, actions, causes of action, demands, costs, liabilities, expenses (including reasonable attorneys’ fees) and damages to the extent arising out of or in connection with or resulting from or based upon OHC’s use of the Content as permitted hereunder. 4.4 The Parties warrant that they have the power and the authority to enter into this Agreement, to fully perform their obligations and that they are under no contractual or other legal obligations which shall in any way interfere with their full, prompt and complete performance hereunder. 4.5 Nothing in this Agreement shall exclude or restrict the liability of either Party for death or personal injury resulting from either Party’s negligence. 4.6 Neither Party shall be liable to the other, including any liability for negligence or breach of statutory duty, for any loss of revenue, business, anticipated savings, profits, corruption or destruction of data or for any indirect or consequential loss howsoever arising even if the other party is expressly advised of the possibility of such damage or loss. 5: TERMINATION 5.1 Either Party may terminate this Agreement by written notice to the other if, at any time during the Term, the other Party breaches any provision of this Agreement, provided that the Party seeking to terminate this Agreement has given the other Party written notice of such breach and such other Party has failed to cure it within thirty (30) days after its receipt of such notice. 5.2 Upon the expiration or earlier termination of this Agreement, OHC will promptly cease using the Content. The expiration or earlier termination of this Agreement shall have no effect on the rights of any third party who acquired rights on the Content prior to such expiration or earlier termination. 6: CONFIDENTIALITY Neither OHC nor the Content Supplier shall disclose to any third party, including through publication of any press releases, any information regarding the commercial terms and conditions contained in this Agreement without prior written consent of the other Party. This clause excludes disclosure required under law or by a court of law or public authority but in any event to the minimum extent legally possible. 7: GOVERNING LAW This Agreement is governed by the laws of France and the Parties shall submit to the exclusive jurisdiction of the French courts of Paris.